Kant Kwong v. PCGG, 156 SCRA 222, G.R. No. L-79484 (1987)

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The right to travel, along with the right to freedom of movement, are constitutionally guaranteed rights. The petitioners had been barred by the government from leaving the country. This was done through a Hold-Order. The petitioners argued that this was violative of their right to travel. The Court held that the Hold-Orders impaired the petitioners' constitutional right to travel. The Hold-Orders had already expired and the grounds for their issuance had become moot. The Court said, "The right to travel and to freedom of movement is a fundamental right guaranteed by the 1987 Constitution and the Universal Declaration of Human Rights to which the Philippines is a signatory. That right extends to all residents regardless of nationality. And everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law. While such right is not absolute but must yield to the State's inherent police power upon which the Hold-Orders were premised, no 'good reasons' have been advanced which could justify the continued enforcement of the Hold-Orders." Thus, the Court held that the government had abused its discretion in maintaining the Hold-Orders for an indefinite length of time, as to do so arbitrarily violated the petitioners' fundamental right to freedom of movement. It cited the UDHR in so doing.

(found in Philippine Law & Jurisprudence on Human Rights by Alberto T. Muyot, pp. 158-159)

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